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Bombay High CourtCA/496/2013admittedallowedgrantedrule absolute

Zinda Yakubsab Patel, Died Thr. L.Rs. Salimabee And ORS v. Babruwan Mahadeorao Suryawanshi, Died Thr. L.Rs. Haribhau And ORS

2015-08-28Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 496 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 496 of 2013 In Second Appeal No.861 of 2009 Zinda Yakubsab Patel Died through legal representatives.

.. Applicants.

Versus

Babriwam Mahadeorao Suryawanshi (Died) through legal representatives. .. Respondents. -------- Shri. S.C. Swami, Advocate, holding for Shri. V.D. Gunale, Advocate, for applicants.

-------- CORAM: T.V. NALAWADE, J.

DATE : 28 AUGUST 2015 ORDER:

1) The application is filed for condonation of delay of 2 days caused in filing application to bring legal representatives of respondent No.3 on the record. Notice is served on the proposed legal representatives but nobody has turned up. Heard learned counsel for the applicants.

2 CA 496 of 2013 2) In view of the contentions made in the application and the submissions made, the application is allowed. Delay is condoned. The appellant is allowed to bring legal representatives mentioned in the application of the deceased respondent No.3 on the record. Amendment is to be carried out immediately. Notice in the appeal to these legal representatives, made returnable on 9th October 2015.

Sd/- (T.V. NALAWADE, J. ) rsl